- 1 - HC-KAR NC: 2025:KHC:54490 MFA No. 2628 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2628 OF 2025 (CPC) BETWEEN: 1. SMT. SUSHEELA D/O Y.V. ANNAIAH, W/O JAYAPRAKASH, AGED ABOUT 64 YEARS, R/AT NO.176, 1ST MAIN ROAD, 9TH CROSS, 2ND STAGE, PADMANABHANAGAR, BANGALORE - 560 070. 2. SMT. SHAKUNTHALA, D/O Y.V. ANNAIAH, W/O RAMACHANDRA REDDY.N, AGED ABOUT 60 YEARS, R/AT NO.222/51, 11TH CROSS, WILSON GARDEN, BANGALORE SOUTH, BANGALORE - 560 027. …APPELLANTS (BY SRI. SHARATH S. GOWDA, ADVOCATE) AND: 1. SRI. Y.V. ANNAIAH S/O LATE VENKATAPPA, AGED ABOUT 93 YEARS, R/AT NO.4, Y.V.ANNAIAH ROAD, YELACHENAHALLI, BANGALORE - 560 078. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54490 MFA No. 2628 of 2025 2. SRI.A. MOHAN KUMAR, S/O Y.V.ANNAIAH, AGED ABOUT 64 YEARS, R/AT FLAT NO.A1 1051, A BLOCK, SOBHA FOREST EDGE, 100FT VAJARAHALLI OFF KANAKAPURA ROAD, BSK 6TH STAGE EXTENSION, BANGALORE - 560 062. 3. SRI. A. SURESH, S/O Y.V.ANNAIAH, AGED ABOUT 58 YEARS, R/AT NO.4, Y.V.ANNAIAH ROAD, YELACHENAHALLI, J.P.NAGAR, BANGALORE - 560 078. 4. SMT. PADMA, D/O Y.V.ANNAIAH, W/O VIJAYA RAGHAVA REDDY.R, AGED ABOUT 65 YEARS, R/AT NO.36, SANKALPA, 6TH CROSS ROAD, 5TH PHASE, HAL 2ND STAGE, KODIHALLI, BANGALORE - 560 008. …RESPONDENTS (BY SRI. D. RAGHU PRAKASH BABU, ADVOCATE FOR C/R1 AND R3) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.27.02.2025 PASSED ON IA NOS.1 AND 2 IN O.S.NO.3077/2024 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-32, DISMISSING THE IA.NOS 1 AND 2 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. - 3 - HC-KAR NC: 2025:KHC:54490 MFA No. 2628 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants submits that the suit itself is rejected. Hence, nothing survives for consideration in this appeal. Placing his submission on record, the appeal is dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 4